Judges Blatt, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 68 Pa. Commw. Page 102]

Marlene Green (claimant) asserts that she should not have been denied benefits by the Unemployment Compensation Board of Review (Board) which found that she voluntarily terminated her employment without cause of a necessitous and compelling nature.*fn1

The claimant was last employed as a hostess/filler by Dunkin Donuts. She had informed her employer at

[ 68 Pa. Commw. Page 103]

the time of her hire on November 1, 1979, that she had had back problems but felt that they would not hinder her in her duties. On August 30, 1980, she voluntarily terminated her employment due to back pains from lifting trays of doughnuts but did not give her employer any reason*fn2 for quitting.

Our review of the record here indicates that the claimant failed to notify her employer that her back problem was aggravated by her duties prior to her voluntary termination, and we must specifically reject her argument that her statement to her employer at her initial hiring interview meets the second condition required in Deiss. Moreover, although her employer admitted that lighter work was unavailable and that a request for such would have been "futile",*fn3 we must nevertheless conclude that the claimant has failed to

[ 68 Pa. Commw. Page 104]

satisfy the third condition in Deiss because the record reveals she did not request a leave of absence*fn4 or establish that such request would have been futile.*fn5 It is clear, therefore, that she did not make "every effort . . . to sustain the employer-employe relationship." Wenrich, 34 Pa. Commonwealth Ct. at 189, 382 A.2d at 1304.

Inasmuch as this claimant has satisfied less*fn6 than all of the conditions set forth in Deiss, we will therefore affirm the order of the Board. Ruckstuhl.

[ 68 Pa. Commw. Page 105]

Order

And, Now, this 2nd day of August, 1982, the order of the Unemployment Compensation Board of Review in the above-captioned matter is hereby affirmed.

Disposition

Affirmed.

Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.

Buy This Entire Record For
$7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.